10 Places That You Can Find Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The question of whether or not an error constitutes malpractice depends on whether the patient can prove four legal elements that include a professional obligation breach of this duty; harm resulting from the breach; and malpractice lawsuits the possibility of quantifiable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

The failure of a physician to diagnose an illness or injury can lead to grave complications, or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence, a person or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is negligence, but. Even the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other elements such as breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, the doctor could be held accountable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts may be able to handle the case in certain circumstances. A claim can be brought before a federal court in specific circumstances. For example, it may involve an issue regarding the statute of limitations or in the event that the parties have different nationalities. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to reduce costs, expedite the legal process, and remove the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or administering the wrong dosage to the patient. These errors are often preventable. According to the circumstances the hospital staff member, a pharmacist or other health care professionals could be held accountable for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional can also administer the wrong dosage due to a lapse in communication. For instance nurses may take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other cases the doctor may delay the administration of the correct medication, which could lead to the patient's condition worsening.

A person seeking compensation must prove, in order to prevail on a malpractice claim that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be able to testify. A medical malpractice case must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any wages lost. The greater the loss, the higher the value of the claim.

Unskillful Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it is a reality. The surgeon who commits this mistake could be held to be liable for negligence. If a patient is injured as a result of an error during surgery can be held responsible for any errors that occured during the procedure.

Any health professional who is accused of malpractice must show that the patient was injured by a specific act or inaction. To establish this, the patient's legal team must show that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to deal with.

A breach of the duty of care has no significance unless it causes injury that's why medical malpractice claims are typically made based on a law called "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so evident and obvious that they can only be explained through negligent acts.

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case in either state or federal court. Most malpractice cases are filed in state courts, however under limited circumstances the medical malpractice lawyers lawsuit can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of mistake is often caused by miscommunications between the surgical team, or due to pressures in the production process that result in surgeons being assigned multiple surgeries scheduled at the same time. In these cases the surgeon isn't solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to correct problems caused by the surgical error. Patients and their families are left with expensive medical bills. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical mistakes. They are responsible in preparing the patient for the procedure, as well as checking the medical records and chart of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed in the correct place. In certain instances, a hospital or anesthesiologist can also be held liable. Medical malpractice lawyers claims are usually filed in state courts. However, in certain situations, they can be transferred to federal courts.